Montana Truck Accident Attorney
Table of Contents
Key Takeaways
- Commercial vehicle accidents tend to result in severe injuries or fatalities since they are heavy vehicles, and passenger cars, motorcyclists, bicyclists, and pedestrians cannot withstand their sheer weight.
- Many big rigs, tractor-trailers, or other large truck accidents occur due to negligence by the driver, trucking company, vehicle owner, loading crew, maintenance crew, or other parties.
- A personal injury claim can help truck accident victims obtain compensation to cover medical bills, lost wages, pain and suffering, and other damages.
- Working with an experienced Montana truck accident lawyer can help injury victims navigate through the legal process accompanying a personal injury claim.
Being in a car accident can be a frightening, painful, and frustrating process. When a collision involves a semi-truck the accident can involve serious injuries and legal complexities.
According to statistics published by the National Highway Traffic Safety Administration, truck accidents resulting in injuries and fatalities are a concerning problem. In 2022, approximately 160,600 people were injured in accidents involving large trucks. Furthermore, the fatality rate involving large trucks has seen a disconcerting 49 percent increase over the past 10 years, according to the National Safety Council.
The aftermath of a truck-related crash may be filled with pain, confusion, and uncertainty. The experienced truck accident attorneys at Joyce, MacDonald, Haynes & Johnston are here for you. We have the experience and knowledge you need to file a personal injury claim and pursue compensation to cover your losses and damages.
Types of Truck Accident Claims We Handle
Our lawyers are very well-versed in Montana personal injury law and, unfortunately, have seen many different types of truck accidents.
Due to the sheer size of semi-trucks and other large vehicles, these accidents tend to be more serious. Types of truck accident claims our firm handles include:
- Jackknifing accidents
- Roll-over accidents
- Wide turn accidents
- Head-on accidents
- Rear-end accidents
- T-bone accidents
- Blind spot accidents
- Improperly loaded trucks
- Negligence in truck maintenance
- Negligent hiring of drivers
- Brake and lighting issues
- Illegal driving maneuvers
This is not an exhaustive list. Other common causes of truck accidents are excessive speed, driver fatigue (long hours), work-related pressure, or intoxication. If you or a loved one suffers injury in a truck accident, contact Joyce, MacDonald, Haynes & Johnston for a free case evaluation.
Who Can Be Held Liable After a Truck Accident in Montana?
Big trucking companies will have their own set of attorneys to represent them after an accident, and insurance companies will seek to pay out the least amount possible or deny paying altogether. In other words, while these parties may appear sympathetic, you are not their priority. It is highly possible for victimized motorists to not receive a fair settlement, even if they are not at fault.
You need legal representation to fight for you. Federal regulations and state laws heavily regulate the trucking industry, and the attorneys at Joyce, MacDonald, Haynes & Johnston are highly familiar with these laws. We can pursue the at-fault party, which may include:
- Truck drivers
- Company ownership
- Cargo loaders
- Maintenance crew
- Manufacturer(s) of vehicle or parts if defective
- Local governments (e.g., if road conditions are a contributor)
- Other negligent parties
- and All of their insurance companies
What Compensation Can Be Recovered in a Truck Accident Injury Lawsuit?
If the truck driver or another party is found negligent and responsible for the accident, as a victim, you can pursue compensation to cover your injuries, property damage, and other losses. In Montana, you can pursue economic damages, non-economic damages, and, in some cases, punitive damages.
- Economic Damages: These are calculable losses, including but not limited to medical expenses, lost income, loss of future income, property damage, and ongoing medical care and treatment.
- Non-Economic Damages: These are damages you suffer as a result of an accident but are not easily quantifiable. Non-economic damages may include pain and suffering, emotional trauma, mental anguish, diminished quality of life, and loss of consortium.
- Punitive Damages: Generally speaking, punitive damages are rare and are only awarded in cases where fraud, malice, or other egregious circumstances exist. Punitive damages are purely designed to punish the negligent party and deter others from engaging in the behaviors or decisions that led to the accident.
Work with an experienced truck accident lawyer is usually a good course of action to obtain legal advice and receive fair compensation for your injury case. The caring and compassionate attorneys at Joyce, MacDonald, Haynes & Johnston understand the pain, distress, and fear you face after you or a loved one suffers an injury at the hands of a negligent party.
What Happens If the Semi-Truck Driver and Company Are Not from Montana?
The process for dealing with out-of-state drivers is treated the same as if the accident was caused by a Montana semi-truck driver. Our injury attorneys will immediately contact any out-of-state parties and put them on notice about your claim. If you are injured by an out-of-state truck driver, we can help you navigate the process and handle any complexities.
Should I Hire an Attorney After a Truck Accident?
Yes, you should hire an experienced truck accident attorney after a collision occurs. Truck accidents are subject to a unique set of regulations. Your attorney will know how to navigate these regulations and leverage them to your advantage. Your attorney can also:
- Gather the necessary extensive documentation and evidence, including the trucker’s logs, maintenance records, and other pieces of evidence that are crucial in proving negligence and maximizing your recovery.
- Thoroughly investigate the case and request additional information where needed.
- Uncover the root causes of the crash, such as the driver exceeding hours-of-service limits or improper maintenance of the truck by the company.
Overall, the attorney’s experience in handling the complexities of truck accident cases, from the regulations to the evidence gathering, can be crucial in securing a favorable outcome for you.
Why Work with Our Firm
Joyce, MacDonald, Haynes & Johnston serve Butte, MT and regions in Southwestern Montana. Clients choose our law firm for their personal injury claims because they know they can count on us to be there for them. Our attorneys have proudly served our local communities and have over 90 years of combined experience.
Unlike other larger firms operating in offices nowhere near their clients, our law firm is rooted in our local communities. We are equipped to quickly respond to an accident scene to assess the situation and gather evidence.
Joyce & MacDonald’s attorneys have extensive experience in truck and other types of accidents causing personal injury. If we cannot reach a fair settlement with the insurance company, we won’t be afraid to take a case to court.
Testimonials
“I recently needed the services of Joyce & MacDonald. The level of expertise was superior. They went above & beyond and kept me informed every step of the way. The outcome of my claim was more than expected, and I would highly recommend Michael Haynes & the firm of Joyce & MacDonald.” — Cheryl L.
“I had the pleasure of working with Michael W. Haynes. Michael was very kind and gave me complete confidence in my case. He kept me informed and was genuine and very kind in our conversations. I felt that he had a very personal approach along with great empathy for my situation. I would not hesitate to contact Michael again if the need be. I absolutely recommend Michael W. Haynes and Joyce & MacDonald PLLP” – Kathy K.
Involved in a Truck Accident? Contact Us Today.
If you or a loved one suffers injury or wrongful death due to a truck accident, the caring personal injury lawyers at Joyce, MacDonald, Haynes & Johnston understand what you are going through. We will help you file a claim with the at-fault party’s insurance company, negotiate with insurers, and pursue a fair settlement. If necessary, we will not hesitate to take a case to trial.
The aftermath of a truck crash is frightening. We are here for you. To schedule a free consultation, call our firm at 406-723-8700 or, if you prefer, fill out our online contact form, and a member of our legal team will get back to you as soon as possible.
Frequently Asked Questions
After a crash, everything can change in an instant. If you are involved in a motor vehicle accident in Montana, you should take specific and immediate steps if it is safe to do so:
- Call the police so they can quickly come to the scene; Montana law is specific about filing police reports in serious accidents.
- Seek immediate medical attention for injuries. If you don’t need urgent medical treatment, see a doctor as soon as possible.
- Gather information and evidence about the accident, including the name and contact information for the truck driver, insurance information, photos/video, and eyewitness contact information (if you are injured, ask someone else to document the accident scene and collect pertinent information).
- Inform your insurance company about the accident. Only provide basic details and never admit fault. Let an attorney communicate with them going forward.
- Contact a local Montana truck accident attorney to represent you. Do not speak in detail with any insurance companies, sign any documents, or post about the accident on social media – let everything go through your attorney.
The importance of contacting an attorney right away cannot be understated. Montana is a comparative negligence state, which means both parties have the potential to assume a percentage of responsibility. Anything you say could hurt your chances of compensation. Insurance companies, even your own, will be looking to pay out the least amount possible.
Your attorney will prove negligence, negotiate compensation, and handle all aspects of your personal injury claim.
Commercial truck accidents are different from other motor vehicle accidents because they are heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA) and Montana state laws. When these laws are violated, a case can quickly become more complex. It is essential to have an experienced attorney in these types of accident cases.
Montana imposes a three-year statute of limitations on filing a personal injury claim. The “clock” begins on the date of the accident.
While settlements will depend upon specific circumstances related to a crash, truck accidents tend to cause more damage than accidents involving other passenger vehicles.
